The recent Order of the Supreme Court banning 'bulldozer justice' is a much-needed step in the right direction, writes Talha Abdul Rahman..—.THE recent Order by the Supreme Court to restrict bulldozer justice marks a significant milestone in the current legal landscape of India. The Order signifies a critical intervention to uphold the principles of justice and dignity of courts, eliminate apparent biases and curb the centralisation of executive power which has affected not just Muslims but various other fragments of the society— which the law has been consistently trying to cement since Independence of India..Citizens of the country have long harboured the perception that the government was using bulldozers and alleged construction law violations to target and demolish the properties of individuals merely accused of crimes. Such actions were seen as extrajudicial punishments, undermining the bedrock of the rule of law..The Supreme Court's Order quietly recognises that construction laws are meant to regulate development and prevents them from being weaponised for political ends. Therefore, the ban on demolitions should be seen as 'the right thing to do' for several compelling reasons..First and foremost, this Order helps to eliminate the possibility of apparent bias in the administration of justice. Even if there is violation of construction law, the penalty for the same can wait— and the system of laws themselves should be so pure and independent that ordinary persons should not be able to correlate the penalty for one act with the other..“First and foremost, this Order helps to eliminate the possibility of apparent bias in the administration of justice..In a country where the violation of construction norms is itself a norm, the selective enforcement of these laws to punish individuals accused of crimes had created a perception of bias and unfairness— where every person thought they knew the real reason why the said demolition had been carried out..Also read: From Emergency to undeclared Emergency, Indian civil society remains a formidable democratic force: Interview with Prof. Manoranjan Mohanty.Actual bias is irrelevant for the test is perception of fairness. By banning such demolition activities, the Supreme Court has ensured that the rule of law prevails and citizens can trust that demolitions are not being used as extrajudicial punishments— and restored the dignity of the criminal justice system itself..This is a critical step in maintaining public confidence in the justice system, ensuring that individuals are not prejudged and punished without due process..Secondly, the Order aims to protect the integrity of the criminal justice system. It is akin to various other legal protections, such as prohibitions on torture or custodial violence, which seek to uphold the dignity and fairness of the judicial process..The use of demolitions as a form of punishment, without even calling it so, undermines the very essence of the criminal justice system, which is built on the principles of fair trial and due process..By banning such practices, the Supreme Court has reinforced the notion that justice must be administered through lawful and judicial means, not through arbitrary and punitive measures by the Executive branch. The Supreme Court's Order enhances the dignity of the framework of the court process, and thus, the rule of law..We must remember that this is the same court that has devised epistolary jurisdiction to make the judicial system welfare-oriented. We must also note that this issue must be so important for the Supreme Court, that it specifically directed that its permission would be required for any demolition— and surely, the court is conscious of its own docket as well as the important dignity of courts being annihilated..Thirdly, the Order curbs the centralisation of Executive power, a critical aspect of maintaining a balanced and fair governance structure. The judiciary has previously expressed disapproval of the government's attempts to act as judge and Executioner, for example, when it published posters of individuals protesting the Citizenship Amendment Act (CAA) or when it seized the assets of persons accused of causing damage to public property..These actions were seen as overreaches of Executive power, bypassing the judicial process and undermining the separation of powers, a fundamental principle of democratic governance..Also read: Even Ganapati cannot fix the breach of people's trust in the judiciary.At the same time, we should not lose sight of the fact that such a prohibition by the court does not restrain the hands of the development authorities but only regulates them..This also ensures that the punishment of the crime is not meted out to the family of the accused, since under our system of law the responsibility of the crime is on the individual..“This also ensures that the punishment of the crime is not meted out to the family of the accused, since under our system of law the responsibility of the crime is on the individual..The Supreme Court's ban on demolitions has a far-reaching impact, touching upon various aspects of governance, rule of law and individual liberty. It sends a clear message that the judiciary will not stand by while the Executive branch uses extrajudicial means to punish individuals— or even if such an impression is given..Moreover, this decision is likely to have significant implications for the future of law enforcement and governance in India. It sets a precedent that the Executive cannot overstep its bounds and must operate within the confines of the law and due process..This is particularly important in a country like India, where the Executive has, at times, been perceived to wield excessive power. The Order, thus, also takes care of the chilling effect of weaponisation of bulldozers..In a democratic society, it is essential that citizens feel secure in their homes and properties, and that they are not subject to arbitrary and punitive actions by the State. This ruling helps to reinforce the notion that individual rights are paramount and must be protected against unjust and extrajudicial actions..The Order will undoubtedly have far-reaching implications, reinforcing the importance of judicial oversight and the rule of law in India's democratic framework and should, therefore, be viewed as a ray of hope.
